USA Statutes : nevada
Title : Title 48 - WATER
Chapter : CHAPTER 535 - DAMS AND OTHER OBSTRUCTIONS
Nothing in this chapter
authorizes a person to use any state land administered by the Division of
State Lands of the State Department of Conservation and Natural Resources
without the appropriate authorization for such a use from the State Land
Registrar.
(Added to NRS by 1993, 1460)
1. Any person proposing to construct a dam in this state shall,
before beginning construction, obtain from the State Engineer a permit to
appropriate, store and use the water to be impounded by or diverted by
the dam.
2. Any such person obtaining or possessing such a permit shall:
(a) Before constructing, reconstructing or altering in any way any
dam, notify the State Engineer thereof; and
(b) Where the dam is or will be 20 feet or more in height, measured
from the downstream toe to the crest of the dam, or is less than 20 feet
in height and will impound more than 20 acre-feet of water, submit to the
State Engineer in triplicate plans and specifications thereof for his
approval 30 days before construction is to begin.
3. The State Engineer shall examine such plans and specifications
and if he approves them he shall return one copy with his approval to the
applicant. If the State Engineer disapproves any part of the plans and
specifications he shall return them to the applicant for correction or
revision.
4. The construction and use of any dam is prohibited before
approval of the plans and specifications by the State Engineer.
5. The State Engineer may at any time inspect or cause to be
inspected the construction work while it is in progress to determine that
it is being done in accordance with the approved plans and specifications.
6. This section applies to new construction, reconstruction and
alteration of old structures.
7. The provisions of this section relating to approval of plans
and specifications and inspection of dams do not apply to works
constructed by the United States Bureau of Reclamation or the United
States Army Corps of Engineers; but such federal agencies shall file
duplicate plans and specifications with the State Engineer.
8. Any person beginning the construction of any dam before
approval of the plans and specifications by the State Engineer, or
without having given the State Engineer 30 days’ advance notice of any
proposed change, reconstruction or alteration thereof, is guilty of a
misdemeanor. Each day of violation of this section constitutes a separate
offense and is separately punishable.
[Part 77 1/2:140:1913; added 1951, 132]—(NRS A 1981, 1844; 1993,
206)
1. Whenever an application for approval of plans and
specifications for a new dam or for the alteration and enlargement of any
dam in any stream in this state is filed with the State Engineer, the
State Engineer shall file a copy of the application with the Board of
Wildlife Commissioners.
2. In the construction of a dam, or the alteration or enlargement
of a dam, the owner shall conform with the provisions of law for the
installation of fishways over or around dams and for the protection and
preservation of fish in streams obstructed by dams.
[Part 77 1/2:140:1913; added 1951, 132]—(NRS A 1979, 913)
1. The State Engineer from time to time shall:
(a) Make inspections of dams at state expense for the purpose of
determining their safety; and
(b) Require owners to perform at their expense such work as may be
necessary to supply the State Engineer with information as to the safety
of such dams.
2. The owners shall perform at their expense any other work
necessary to maintenance and operation which will safeguard life and
property.
3. If at any time the condition of any dam becomes so dangerous to
the safety of life or property as not to permit sufficient time for the
issuance and enforcement of an order relative to the maintenance or
operation thereof, the State Engineer may, if he deems it necessary,
immediately employ the following remedial measures to protect either life
or property:
(a) Lower the water level by releasing water from the reservoir.
(b) Completely empty the reservoir.
(c) Take such other steps as may be essential to safeguard life and
property.
4. The provisions of this section shall not apply to works
constructed by the United States Bureau of Reclamation or the United
States Army Corps of Engineers.
[Part 77 1/2:140:1913; added 1951, 132]
The provisions of NRS 535.010 , 535.020 and
535.030 and the performance by the
State Engineer of his duties under them do not constitute a warranty in
favor of anyone concerning the water to be impounded or diverted.
[Part 77 1/2:140:1913; added 1951, 132]—(NRS A 1973, 1170; 1981,
1844)
1. The State Engineer has the right, power and authority to order
the removal of any dam, diversion works or obstruction that has been
placed in any stream channel or watercourse when the dam, diversion works
or obstruction has not been legally established and recognized through a
valid claim of vested right, by decree of court or by a permit issued by
the State of Nevada.
2. Nothing in this section is to be construed as giving the State
Engineer any right or authority to remove any dam or diversion works that
has been so legally recognized and established.
3. If the dam, diversion works or obstruction has not been removed
after 30 days’ notice in writing given by the State Engineer and served
upon the owner or person controlling the dam, diversion works or
obstruction, or if no appeal has been taken from the order of the State
Engineer as is provided for in NRS 533.450 , then the State Engineer may remove the dam,
diversion works or obstruction.
4. The State Engineer shall charge the actual cost of that removal
to the water distribution account and thereafter present an itemized
statement of the charge to the board of county commissioners of the
county wherein those expenses were incurred. The board of county
commissioners shall thereupon present a bill for the expenses to the
person liable therefor under this section, and if that person neglects
for 30 days thereafter to pay it, the bill and costs become a lien upon
the lands and property of the person so liable for the payment of the
bill, and must be collected as delinquent taxes against the lands and
property are collected.
[56 1/2:140:1913; added 1951, 132]—(NRS A 1979, 670)
1. On any stream system and its tributaries in this state the
distribution of the waters of which are vested in the State Engineer by
law or the final decree of court, where beaver, by the construction of
dams or otherwise, are found to be interfering with the lawful and
necessary distribution of water to the proper users thereof, the State
Engineer, upon complaint of any interested water user, shall investigate
or cause the investigation of the matter.
2. The State Engineer and his assistants and water commissioners
and the Department of Wildlife and its agents may enter upon privately
owned lands for the purposes of investigating the conditions complained
of and the removal and trapping of beaver.
3. If satisfied that such beaver are interfering with the flow of
water to the detriment of water users, the State Engineer shall serve a
written notice on the owner of the land, if it is privately owned,
stating:
(a) That the beaver thereon are interfering with or stopping the
flow of water necessary for the proper serving of water rights; and
(b) That unless, within 10 days from receipt of the notice, written
objection to the removal of such beaver is filed with the State Engineer
by the landowner, the Department of Wildlife will remove such beaver or
as many thereof as will rectify the existing conditions.
4. Failure of the landowner to file such written objections shall
be deemed a waiver thereof. Upon receipt of written objections, the State
Engineer may make further investigation and may sustain or overrule the
objections as the facts warrant. Upon the overruling of the objections,
the landowner may have them reviewed by the district court having
jurisdiction of the land by filing therein a petition for review within
10 days from the receipt of the order of the State Engineer overruling
the objections. The proceedings on the petition must be informal and
heard by the court at the earliest possible moment.
5. Upon the landowner’s waiver of objections to the removal of
beaver from his land, or upon final determination by the court that the
beaver should be removed, the State Engineer shall immediately notify the
Department of Wildlife of the waiver or determination and the Department
or its agents shall enter upon the land from which the beaver are to be
removed and remove them or as many as may be necessary to prevent the
improper flow of water as directed by the State Engineer.
6. The State Engineer may remove or cause the removal of any
beaver dam found to be obstructing the proper and necessary flow of water
to the detriment of water users.
[Part 1:61:1949; 1943 NCL § 3148.01] + [2:61:1949; 1943 NCL §
3148.02]—(NRS A 1969, 1561; 1979, 914; 1993, 1702; 2003, 1581 )
1. The term “water of such river,” as used in this section, means
the normal and natural flow of water in the river unaffected by flood,
storm or other abnormal natural causes.
2. Any person owning, leasing or constructing any dam in any river
of this State within 2 miles of an incorporated city governed by a board
of county commissioners shall make or construct a weir in the dam of such
size as to admit of the free passage of the water of such river during
such portions of the year as such water is not being used for irrigating
purposes.
3. If any person fails, neglects or refuses to comply with the
provisions of subsection 2, the district attorney of the county wherein
the dam is situated or being constructed shall commence mandamus
proceedings to compel the person to comply with the provisions of
subsection 2, or the board of county commissioners of the county may
order the weir to be constructed at the expense of the county, and the
county has a right of action against the owner or lessee of the dam for
all expenses incurred by the county in constructing the weir and may
recover judgment on the right of action and satisfy the judgment in the
manner provided by law.
4. The provisions of this section do not apply to dams constructed
or being constructed or hereafter to be constructed for the purpose of
permanently storing the waters of such river for beneficial purposes.
[1:182:1913; 1919 RL p. 2668; NCL § 8002] + [2:182:1913; 1919 RL p.
2669; NCL § 8003] + [3:182:1913; 1919 RL p. 2669; NCL § 8004] +
[4:182:1913; 1919 RL p. 2669; NCL § 8005]—(NRS A 1987, 1725)
The Attorney General and the board of county commissioners of Washoe
County are authorized and empowered to commence suits or take such other
action as may be necessary to maintain a regular or natural flow of water
in the Truckee River, and in all suits so instituted, if necessary, to
use the name of “The State of Nevada.”
[1:120:1879; cited BH § 5013; RL § 4140; NCL § 7326]
1. Whenever any appropriator of water has the lawful right-of-way
for the storage, diversion or carriage of water, it shall be unlawful to
place or maintain any obstruction that shall interfere with the use of
his works or prevent convenient access thereto.
2. Any person who violates any of the provisions of this section
is guilty of a misdemeanor.
[82:140:1913; 1919 RL p. 3247; NCL § 7968] + [83:140:1913; 1919 RL
p. 3247; NCL § 7969]—(NRS A 1967, 610)
1. It is unlawful for any person being the owner of or in
possession of any sawmill used for the making of lumber, or any
slaughterhouse, brewery or tannery to injure or obstruct the natural flow
of water in any river, creek or other stream.
2. Any city or county government, or any person, being the owner
of or in possession of any agricultural lands, who may be injured by
reason of the violation on the part of any person of the provisions
contained in subsection 1, shall have the right to commence and maintain
an action against such person for any damage sustained, in such manner as
may be provided by law.
3. Any person who shall willfully and knowingly violate the
provisions of this section shall be punished by a fine of not more than
$500.
[Part 1:98:1862; B § 3847; BH § 353; C § 432; RL § 4718; NCL §
8248] + [2:98:1862; B § 3848; BH § 354; C § 433; RL § 4719; NCL § 8249] +
[3:98:1862; B § 3849; BH § 355; C § 434; RL § 4720; NCL § 8250]—(NRS A
1967, 610)
1. Every person who willfully and maliciously removes, damages or
destroys a pile or other material fixed in the ground and used for
securing any bank or dam of any river or other water, or any dike, dock,
quay, jetty or lock is guilty of a misdemeanor.
2. Every person who:
(a) Moors any vessel, scow, barge, raft or boom to any bridge; or
(b) Erects or maintains any unlawful structure in any stream or
river,
Ê is guilty of a misdemeanor.
[Part 1911; C&P § 487; RL § 6752; NCL § 10434]—(NRS A 1993, 864)
